Loading...
HomeMy WebLinkAbout1999-00540 40 AGREEMENT This Agreement is made and entered into this 5 day of 1999, by and between Gila Corporation, d/b/a Municipal Services Bureau, a exas Co tion [hereinafter, "MSB"], and Indian River County, Florida [hereinafter, the "County"], who agree as follows: I. ADMINISTRATIVE RESPONSIBILITIES A. Defendant Contact. MSB will mail notices, telephone or otherwise contact Defendants with outstanding cases with the County in order to attempt to notify Defendants of their obligation with the County. The purpose of the contact is to offer Defendants the opportunity to resolve their obligation voluntarily, before further action is contemplated by the County. The County will provide the name and last known address of the Defendants, all information regarding the date(s) of the alleged violation(s), the date judgment was entered against the Defendants in the court having jurisdiction over the matter or the date the citation was tiled, and the amount of any such fine(s). When appropriate, MSB will attempt to locate Defendants when the last known address is invalid. B. Correct Information. MSB will rely completely on the County to provide correct information about the Defendants' existing cases and, specifically, about any dollar amount in question, and the County will immediately update and correct any information it has provided to MSB. In particular, the County will immediately notify MSB of any payment or other satisfaction of judgment made directly to the County or any other action affecting the amount or timing of monies owed by the Defendants to the County. C. Accounts Returned. The County will allow MSB a minimum of 180 days to contact a Defendant about their case. This time period will begin with the first day of the following month in which tine ai cowit was referred io MSB. Upon requesi by the County, MSB will cease contacting a Defendant whose case remains outstanding at that time. D. Defendants, Referred to the COMM. MSB will refer Defendants who wish to resolve their obligation with the County other than by payment to the County department or person designated by the County to respond to the Defendants' request. 4W COMMISSIONS ON FINES COLLECTED. A. Basic Commission Rate. As provided for by the Florida Statues, 40 percent will be added to the total amount due an all cases referred by the County to MSB for collection. On all cases for which the County is paid ( in whole or in part ), regardless of whether payment is accepted directly by the County or by MSB on the County's behalf, the County will pay to MSB, in Travis County, Texas, 28.57 percent of the actual amount collected. This commission rate will apply to all cases referred to MSB, including the initial backlog submissions. MSB is not due a fee of any kind if the case is resolved by a law enforcement agency. B. Notification of Collections. MSB will notify the County daily of any monies it receives from Defendants towards payments of fines. The County, through the Court, may then accept or reject the payment offered by the Defendant. By the fifteenth of each month, MSB will provide detailed reporting to the County to identify all cases known to be resolved during the prior month and to remit monies collected on the County's behalf. The County authorizes MSB to endorse negotiable instruments made payable to the County and provided to MSB in payment of the fines collected and to deduct commissions due on those fines paid directly to MSB from the amounts collected by MSB. If MSB is required to invoice the County for commissions due, the County agrees to review the invoice and forward payment to MSB with 30 days of receipt of the invoice. III. TERM OF AGREEMENT. This Agreement will remain in full force and effect until terminated by either party in writing to the other at the addresses set out in this section. If the Agreement is terminated, any case information then held by MSB will be returned to the County 90 days after the date of termination. Notices to MSB: Municipal Services Bureau 5912 Balcones Drive, Ste. 100 Ausfi-n TPxAg 7$731 Notices to County: Gb 40 O IV. OTHER PROVISIONS. A. Indemnification. To the extent permitted by applicable law, MSB will indemnify and hold harmless the County from and against any and all loss, damages, liability, claims or injury resulting from all actions performed by MSB or its agents on MSB's behalf in connection with this Agreement; provided, however, that this Agreement shall not apply with respect to any erroneous information furnished to MSB by the County nor shall it apply to any act or omission of the County. B. Applicable Law. This Agreement will be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties to this Agreement have signed and delivered this Agreement on the day and year first above written. MUN CIPAL SERVICES BUREAU: By: Thomas Giamboi, Vice -President COUNTY: INDIANN RIVER COUNTY By; its CHAIRMAN and representative duly authorized to execute this Agreement. Inlan Nne G% A G V.r ov ;T ORte Admen HudgeI peyl RIsh Mgr.